Анализ состояния разрешительной системы в Российской Федерации
The Administrative permit system is an important tool to protect the constitutional order, the rights and legitimate interests of citizens, public health and morals, national security in any national legal regime.
Earlier researches on the Russian permitting system don't include the issues related to the assessment of the number of permit types and the quality of regulatory of permitting activities. The article aims to fill this gap. It presents a study of the Russian permitting system using both the legal and statistical methods of research.
The authors identified 22 forms of permitting activity, which are divided into two groups. The first group includes 9 typical (the most abundant) forms of permitting activity. The second group included atypical forms, which are numerically small permits. 541 permits has been revealed during the inventory, including 465 standard and 76 atypical.
The authors investigated the quality of regulatory in this area. A proper regulatory basis does not exist in respect of 5% of permits, detailed legal regulation - in respect of 10% of the permits. Administrative regulations have not been approved in respect of 35% of permits.
The article describes the shortcomings of the Russian system of permits. Systemic problems are related to the lack of codified law on permitting activity. The most significant problems are: lack of legislative definition of permits, policies and performance standards; the absence of legislation establishing the closed lists of permits; lack of a unified accounting system of permits. The authors provide methods of solving these problems.
Formation of democratic societies of the Western type presupposes appearance on the historical scene of a new strong actor - the bourgeois class: "No bourgeoisie, no democracy" (Barrington Moore). The articulation and defense of vital interests of that class creates a new social space - "the bourgeois public sphere" which helps to make up "counterbalance" to absolutism of a corporate state - a civil society, the core of which is composed by public opinion. In the confrontation between the authorities and society one of the most important roles is played by the press that provides free debate and discussion of generally valid problems, especially economic and political. The recognition of the mass media role was stamped in its characterization in XIII century as "the fourth power". Technological development of the media incredibly expanded its functions, turning journalists into creating informational analogue of reality, saturating daily life with new meanings. Methods of the representation of reality, the specific nature of political influence of journalists - key members of the reflexive elites (Helmut Shelski), are the themes of this article.
Публичная сфера, журналистика, четвертая власть, порядки знания, Повседневность, научное и повседневное знание, экспертиза, Репрезентация, public sphere, journalism, fourth estate, orders of knowledge, Everyday life, scientific and everyday knowledge, Expertise, representation
Permissive powers of customs authorities have historically significant character , due to the fact that it is through these powers are exercised regulation of foreign trade activities and facilities at the customs infrastructure throughout the history of the formation of customs in Russia . The problem of precise regulation permitting powers of customs authorities was the fact that in the process of customs affairs in Russia , at different historical stages varied functions and tasks of customs authorities . Furthermore neither in legislation nor at theoretical conclusions is no definition of permissive powers of customs authorities, because of the low level of theoretical elaboration issues.
The collection contains reports of participants of the conference "International Multidisciplinary Scientific GeoConference SGEM 2019" and reflects modern aspects of interdisciplinary research in the field of land use.
The author considers the term «compensative expertise» and its role in successful language mastering.
Utilising sources that range from 16th century parish registers to the 21st century supermarket loyalty card, this collection examines the history and development of identification documents and surveillance techniques over the past 500 years. Combining the knowledge of several experts from a variety of disciplines, this volume successfully demonstrates how identification and registration can enable and empower a population, particularly if the interests of the state and population coincide. It also reveals the weakness of states or corporations when dealing with issues such as popular resistance and fraud, despite great leaps forward in the scientific methods of identifying individuals. This important book offers a vital contribution to the literature on a variety of topical subject areas such as biometric identification, immigration control and personal data use, as such it is of interest to students and scholars of civil and human rights amongst other disciplines.
The description of the domain-specific language focused on administrative regulations modeling is presented. The language has a simple syntax; it can be used by different categories of users.
The article is devoted to evaluation of normative definition of production and consumption wastes and to the particular qualities of transfer of ownership. Thus the author proposes to consider as wastes any things that have been rejected by the owner. Up to the article a tool by which «a waste» can be turned into «a product is required. With this tool a number of difficulties in human activity can be removed. There are some variances that appear when an owner of wastes that are kept in a landfill has no access to his wastes but up to our legislation is liable for the possible harm. There are proposed some ways to adjust differences.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/